PRAVINBHAI VERIYABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, particularly supervisory jurisdiction and under the provisions of Sections 451, read with Section 482 of the Criminal Procedure Code, 1973 seeking to quash and set aside the order dated 03.11.2020 passed by the learned Additional Chief Judicial Magistrate, Halol, and also order dated 25.11.2020 passed by the learned 6th Additional District Judge, Panchmahals at Halol in Criminal Revision Application No. 61/2020 and to release the muddamal vehicle - Mahindra & Mahindra Bolero Maxi Pickup Truck, bearing RTO registration No. GJ-17-UU-4859 in connection with the FIR No. 11207050200414 of 2020, registered before the Pavagadh Police Station, District - Panchmahals for the offence punishable under Sections 5, 6(b)(1)(2)(3), 8, 10 and 11(1)e of the Gujarat Animal Protection (Amended) Act, 2017 and Sections 11(1)(j), 11(1)(d) of Prevention of Cruelty to Animal Act and Sections 5(C), 6(A)(1)(2)(3), 8, 10, 11E,L,D of Gujarat Animal Protection (Amended) Act, 2017 and under Section 119 of the G.P. Act.

(2.) Heard learned advocate Mr. Chetankumar Darji for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State video conference.

(3.) It is the case of the petitioner that he is the owner of the muddamal Truck in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice as there is no prima facie case against the petitioner.